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NOTICE OF MOTION

Gaurav Doshi - Suit Stamp No.8932 of 2017VsChief Manager of Punjab National Bank And Ors

CNR MHCC01003534201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th November 2019

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101096/2018
Registration Date
13 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-03-2018
    Business: Adv. Joveson for plff present.
    Registered NM no. 1096/18 tendered by plff.
    Adj to 17.03.2018 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2018
    
    Date: 17-03-2018
    Business: Adv. Joveson for plff present.
    Adv. Pradnya Kulkarni for deft.no.6 to 12 present.
    Adv. Sachin Kaikai for deft.no.2/Punjab National Bank present.
    Ld.Adv. for Punjab National Bank submitted that the date of possession is not yet fixed.
    Ld.Adv. Kaikai and Ld.Adv. Kulkarni asked for adjournment to file reply.
    Considering the fact that date of possession is not yet fixed, time is granted to file the reply. Both the Ld.Advocates are directed to serve the reply in advance on plaintiff.
    Both the parties are directed to proceed with NM on merit on next date.
    Adj for reply and hearing on NM to 05.04.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2018
    
    Date: 05-04-2018
    Business: Adv. Heena Shaikh for plff present.
    Adv. Madan Mohan for deft.no.6 to 12 present.
    Adv. Yogendra for deft.no.2 present.
    Deft.no.2 tendered reply to NM No.1096/18.
    Heard argument of  deft.no.1 and deft.no.6 to 12 on NM No. 1096/18.
    K.B for argument of Plff.
    L.O.
    R and P shows that ample opportunity is already granted to plff. Stepping ahead the dates are also fixed as per convenience of plff. In spite of this, plff failed to argue all the Nms. Today also junior Advocate of plff requested for an adjournment. The conduct on the part of plff shows that plff is prolonging the passing of orders on NM. Therefore request is rejected. All the Nms are placed for order on next date with liberty to file written arguments.
    Adj for order on NM to 07.04.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-04-2018
    
    Date: 07-04-2018
    Business: By Precipe.
    Adv. Heena Shaikh for plff present.
    Two draft Nms tendered by plff.
    O- Leave is granted to register both Nms.
    Rejoinder filed by plff.
    Adj for production and service of NM to 09.04.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: Adv. Heena Shaikh for plff present.
    Adv. Madan Mohan for deft.no.6 to 10 present.
    K.B.
    L.O.
    Adv. Mathew for plff present.
    Adv. Madan Mohan for deft.nos.6 to 10 present.
    Registered NM no.1469/18 and NM No.1470/18 tendered by plff.
    Service affidavit filed by plff.
    The service affidavit transpired that service is not completed against deft.nos.1 and 2 and relief is claimed against deft.no.1 and 2. Hence plff is directed to serve the notice of both NM on deft.no.1 to 4 through Sherif office.
    Adj for service and reply on both NM to 18.04.2018.
    Next Purpose: SERVICE
    Next Hearing Date: 18-04-2018
    
    Date: 18-04-2018
    Business: As Court is on leave, hence board is discharged and adj to 04.05.2018.
    Next Purpose: SERVICE
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Adv. Kashmira Sayyed for plff present.
    Affidavit of service of NM No.1469/18 and NM No.1470/18 filed by plff.
    Adj to 21.06.2018 for reply on NM.
    L.O.
    Adv. Pradnya Kulkarni for Bank of India present.
    Adv. Amruta Joshi for deft.no.13 present.
    Next Purpose: REPLY
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: Adv D\''Silva for plff present.
    Adv Amruta Joshi for deft no.13 present.
    Matter adjd to 3/08/2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Adv. mahamuni for pltff present.
    Adv.Pradnya Kulkarni  for  Bank of India  present.
    Adv. Amruta Joshi for deft no. 13.  present.
    Matter adjd to28.8.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Adv. Mahamuni for pltff  present.
    Adv Asif Khan for deft no. 2 present.
    He tendered reply to N/M no. 1469/18 and 1470/2018
    Adv. Amruta Joshi  for deft. no. 13present.
    Matter adjd to 6.9.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Adv. Mahamuni for pltff  present.
    L.O.
    Adv. Mathews Nedumpara for pltff  present.
    Matter adjd to 4.10.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv. Mahamuni for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 28.11.2018 for N/M hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Adv. Mahamuni  for pltff  present.
    Adv. Amruta Joshi for deft. no. 13.  present.
    Matter adjd to 19.12.2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Adv. for pltff  absent.
    Adv. Medas Nambhiyar for deft. no. 13  present.
    L.O.
    Adv. Shashikala Mahamuni for pltff present.
    Matter adjd to 11.4.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: None present. It appear that plff has intentionally avoided to comply office objection and to register the suit. Plff to comply office objection to register suit.
    All NM are posted for dismissal.
    Matter is adjd.for dismissal on 24.04.2019.
    LO at 4.45 p.m.
    Adv. Ms. Mahamuni appeared for plff. she is not ready to
    argue. Above roznama is intimated to her.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv. Ms. Mahamuni for Plaintiff, prayed for adjd.
    None for Defendant.
    Matter is adjd.for dismissal on 28.08.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: None for plaintiff present.
    Adv. Ms. Roop Basu for defendant no.13 present, submits that present suit is not tenable before this suit, therefore, all NM be dismissed.
    It is observed in roznama dtd. 11.04.2019, that plff has intentionally avoided to comply office objection and suit along-with all NM were posted  for dismissal.
    It is to note that in last two years plff is failed to comply office objection.  Deft no.14 to 16 and 18 are Government Officer.  Deft no. 17 is Judicial officer i.e. ld CMM of Mumbai.
    The plaint runs in 54 pages and prayer clause runs in 14 pages having 50 prayer clause.
    It appear that plff has challenge the SARFAESI notices and proceeding.  It is not clarify why the Governor and chief Secretary of the Maharashtra state are made party in the proceeding.  There is no relief claim against deft no.13 ECG Corporation and deft nos. 14 to 18.
    It appear that deft intend to challenge judicial order, which require to challenge in appeal, before appropriate forem.
    There is no Jurisdiction Court.  In view of section 34 of SARFAESI Act, the jurisdiction of Civil court is expressly barred.
    Plff and his adv are absent.  It appear that It is not correct to say that intentionally avoided to comply office objection and to proceed all NM.  Hence, Suit at St no.8932/17 along-with five NM (NM 3746/17, NM 460/18, NM1096/18,NM 1469/18, NM 1470/18) stands dismissed.
    Suit be register for statistical and record purpose.
    Nature Of Disposal: DISMISSED
    Disposal Date: 07-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103924/2018
    Filing Date: 13-03-2018
    First Hearing Date: 14th March 2018
    Decision Date: 07th November 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    07 Nov 2019

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101096/2018 Gaurav Doshi - Suit Stamp No.8932 of 2017 Vs Chief Manager of Punjab National Bank And Ors Date : 07-11-2019 Business : None for plaintiff present. Adv. Ms. Roop Basu for defendant no.13 present, submits that present suit is not tenable before this suit, therefore, all NM be dismissed. It is observed in roznama dtd. 11.04.2019, that plff has…

    Read Full Order
    Order 1Full order available
    07 Nov 2019

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101096/2018 Gaurav Doshi - Suit Stamp No.8932 of 2017 Vs Chief Manager of Punjab National Bank And Ors Date : 07-11-2019 Business : None for plaintiff present. Adv. Ms. Roop Basu for defendant no.13 present, submits that present suit is not tenable before this suit, therefore, all NM be dismissed. It is observed in roznama dtd. 11.04.2019, that plff has…

    Read Full Order

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